Rajendra Saxena And Vinita Saxena v. Sharda Ratnam And Pagarav Chaitanya Kumar Patel (Applicant/Def.No.2)

Ladda

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS No. 1006 of 2017 IN SUIT No. 342 of 2013.

Mr Pagarav Chaitanya Kumar Patel ..Applicant.

In the matter of :

Rajendra Saxena & Anr ..Plaintiffs.

Vs Ms Sharda Ratnam ..Defendant.

Ms. Aparna Deokar I/by M.P. Vashi & Associates for the Plaintiffs. Mr. D.C. Mishra, Advocate for the Applicant in CHS/1006/2017. Mr. S.S. Toraskar, Section Officer, Court Receiver Office present. CORAM : B. P. COLABAWALLA, J.

DATED :- 4TH JANUARY, 2019.

P.C. :

This Chamber Summons has been filed by the second defendant seeking a direction against the plaintiffs to provide inspection of the documents as mentioned in Schedule-A to the Chamber Summons. The learned Advocate appearing on behalf of the Plaintiffs states that inspection of all documents which are in their custody and possession has been duly given to the second defendant. This is refuted by the learned advocate appearing on behalf of the second defendant who states that the documents listed 1/2 11-chs-1006-17.doc

at serial No. 16,17, 18 and 20 are documents of which no inspection has been offered. The learned Advocate appearing on behalf of the plaintiffs submits that these documents do not emanate from the plaintiffs and therefore she is unable to give inspection of the same. 2) Be that as it may, if inspection of these documents are not given by the plaintiffs, the plaintiffs shall not be allowed to rely upon the aforesaid documents. The Chamber Summons is accordingly disposed of. No order as to costs. (B.P. COLABAWALLA, J.) 2/2 11-chs-1006-17.doc